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2007 Supreme(All) 1853

R.K.AGRAWAL, VIKRAM NATH
GANGESHWAR LTD – Appellant
Versus
INDIA COAL TRADERS – Respondent


Advocates:
Counsel :
R.P. Agrawal for the Appellant; Pramod Kumar Jain for the Respondent.

JUDGMENT

Hon’ble Vikram Nath, J.—Both these appeals have been filed under Section 483 of the Companies Act, 1956 (for short referred to as the Act) against judgement and order of the learned Company Judge dated 8.12.1999 passed in Company Petition No. 43 of 1998, in the matter of M/s Gangeshwar Ltd. The learned Company Judge by the order impugned in the two appeals had issued the following directions-

(i) M/s Gangeshwar Ltd. to pay an amount of Rs. 23,31.072.95p to M/s India Coal Traders within one month;

(ii) M/s Gangeshwar Ltd. to submit Fixed Deposit Receipts of Rs. 12,58,830 with the Registrar General of this Court within two months;

(iii) M/s Gangeshwar Ltd. to file Suit for declaration regarding interest liability; and

(iv) M/s Gangeshwar Ltd. to file Suit for declaration regarding its other liability.

2. Special Appeal No. 16 of 2000 has been filed by M/s Gangeshwar Ltd. for setting aside the judgement of the learned Single Judge dated 8.12.1999 and further to dismiss the winding up petition (Company Petition No. 43 of 1998).

3. Special Appeal No. 1387 of 1999 has been filed by M/s India Coal Traders for modification in the order dated 8.12.1999 passed by the learned Company Judge



















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